STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

DEPARTMENT OF CHILDREN AND FAMILIES,

JUN 1 8 2019

DCF Department Clerk

Petitioner,

v.

CASE NOS. 19-1060, 19-1061,

19-1062, 19-1065

RENDITION NO. DCF-19-.l!.i.-FO

GALLOPS FAMILY CENTER, INC.,

Respondent.

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FINAL ORDER CLOSING FILE

THIS CAUSE is before me for entry of a final order. The Order Closing Files and Relinquishing Jurisdiction, May 21, 2019, stated the parties filed a Stipulated Notice of Settlement and Motion to Cancel Final Hearing and Relinquish Jurisdiction to the Department. There are no further issues between the parties. This matter is closed.

/ DONE AND ORDERED at Tallan

dayo ,2019.

1

Filed June 18, 2019 4:58 PM Division of Administrative Hearings

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY A PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE. SUCH APPEAL IS INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF CHILDREN AND FAMILIES AT 1317 WINEWOOD BOULEVARD, BUILDING 2, ROOM 204, TALLAHASSEE, FLORIDA 32399-0700, AND A SECOND COPY ALONG WITH THE FILING FEE AS PRESCRIBED BY LAW, IN THE DISTRICT COURT OF APPEAL WHERE THE PARTY RESIDES OR IN THE FIRST DISTRICT COURT OF APPEAL. THE NOTICE OF APPEAL MUST BE FILED (RECEIVED) WITHIN 30 DAYS OF RENDITION OF THIS ORDER.1

Copies furnished to the following via U.S. Mail on date of Rendition of this Order.2

Camille Larson, Esq. Assistant General Counsel

Department of Children and Families 2383 Phillips Rd.

Tallahassee, FL 32308

Thomas F. Congdon, Esq. 8112 Blue Quill Tr.

Tallahassee, FL 32312

Claudio Llado, Clerk

Division of Administrative Hearings Three DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32301

1 The date of the "rendition" of this Order is the date that is stamped on its first page.

2 The date of "rendition" of this Order is the date that is stamped on its first page.

2

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARI:SGS

DEPARTMENT OF CHILDREN AND FAMILIES,

Petitioner,

vs.

Case Nos. 19-1060

19-1061

19-1062

19-106,

Respondent.

I

SETTLEME T AG REEMENT

Petitioner. D!o!partmcnt of Children and ramilics (herein after the ..Department''). and Ri!spondent, Gallop':, famil} Center, I111: ,, hereb} agree to the follo ing in order to «h: this matwr:

1. The parties a1,,:rrcc that no benetlt will \.)Orne from further litigation in this matter. Both parties have already incurred a loss of time related to litigation. ln order to rt::Sohe this matter. the parties agree that the final hearing will be canceled.

   
   

2. This matter was pending in r ponsc to fuur administrative complaints issued by the Department. The parties agree that the finc:s contained in those complaints have already been satisfied and therefore no further fines will be due to the Department in relation to these four administrative complaints at issue here

   
   

3. The four Class 11 "iolations as related to con4,;erns for ratio of childcare personnel to children in the facility ,vill remain.

   
   

4. In response to the fourth ratio vh,tlation as citc:d by the Department, the Respondent shal1 be issueJ ..1 probationary licc-nsc. The probationary license i-hall run from January 7, 2019 to July 7., 2019. If nu further ratio ,iolations are cited prior to July 7, 2019, then the Respondent shall be tssued a regular license to operate on July . 2019.

   
   

5. Sh(iuld Re5pnndcnt be cited for a fifth Class 11 ratio violation, the Department agrees that it will nC>t pun;ue administrativt! action k) re\'llke thi: Respondent's license based on. the cta:;s U ratio violation. Howewr, the Department may seek administrative action to suspend Resp.1nuent' lkli,,-nsc. up to one full btt:..int:ss day. Re p,mdent shall be provided tht: opportunity to select the day fa1..ility operations "illoo i>Uspcndcd.

   
   

   
   

6. The d tation related to the late application for the n.'tl.e \\ al application will remain in place.

..

g . The citation as to the Yiolation for in--ie t"\ i training requirements shall r mai n in place.

h. The l.!itation as to the\iolatmn related to initial training fur childcare personnel shall remain in place.

1. The citation as to the violation relate<l to a physical examination on fifo for all dri\·ers of all facility vans shall remain in place.

J Tot: Department shall removt! the violation related to the improper storage of cleaning supplies as cited on November 14, 20Ht The Respondent agrees to further train all employees regarding the safe use and storage of cleaning supplies and will look into installing more shch-ing or hooks for the placement of the cleaning supplios when not in direct use to ensure that no children can access said cleaning supplies.

1. The Respondent will not req:uest further recourse or .1ppellate re,i uf thi<;. matter.

   
   

2. All partk-s agrel.! to incur their own costM and legal fees.

Reviewed and agreed upon by:

M frp

Florida Department ofC'hildren and Families

:'.\:orthwest Region Program Safety Manager

Child Care Regulation

Krh,ial Franklin

Ownl!r and Opurator Gallop·,;; Family Center

Date

Docket for Case No: 19-001061

Orders for Case No: 19-001061